Terms and Conditions
DESCRIPTION OF OUR SERVICE(S)
We develop a photo community, provide services to create online portfolios. We will develop more features and services in the future.
YOUR ACCEPTANCE OF OUR TERMS
By using Temples Zone, you agree to all the terms below.
MODIFICATION OF TERMS
Temples Zone reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, Temples Zone will notify you by posting an announcement on the Site. What constitutes a material change will be determined at Temples Zone’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. Temples Zone reserves the right to suspend or discontinue the availability of the Site, any Service and to remove any Visual Content at any time at its sole discretion and without prior notice. Temples Zone may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.
If these terms change, we will notify you. As well, at times things can go wrong and the service may be interrupted. Sometimes things can go really wrong.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Temples Zone account.
Services are available to authorized representatives of legal entities and to individuals who are either ;
- (i) At least 18 years old to register for Paid Accounts or
- (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian.
If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display Visual Content containing nudity and violence that may be offensive to some.
The Services are for use by ;
- a) individuals who own Visual Content;
- b) entities that represent owners of Visual Content including but not limited to galleries, agents, representatives, distributors other market intermediaries.
- c) We are currently not accepting illustration and graphic design content to upload on the Site.
- d) If you are the owner of the Visual Content, but not the creator, you are not allowed to upload content for the purposes of self-advertising.
To fully use the services, you need to create your own account, without violating other people’s rights.
All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate and you acknowledge and agree that you, and not Temples Zone, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through Temples Zone’s messenger service. Temples Zone does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Temples Zone. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- To communicate with Temples Zone representatives or other users in an abusive or offensive manner;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Temples Zone user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;
- With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
- Additionally, you agree that you will not:
- (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially alter Service for the purpose of giving or receiving money or other compensation in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Visual Content of another person unless you are expressly authorized to do so; or
- To sell, assign or otherwise transfer your profile.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Temples Zone at email: email@example.com.
You are solely responsible for your interactions with other users of the Site, including any communications that you exchange through Temples Zone’s messenger service. Temples Zone reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through Temples Zone’s messenger service, based on any reports that Temples Zone receives alleging the violation of these Terms through the use of Temples Zone’s messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Services or Site are used in a manner that violates the Terms in any way, Temples Zone may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.
You cannot use our site to post pornographic material, harass people, send spam, and do other crazy stuff. Be reasonable and responsible, don't do anything stupid, and you'll be fine.
VISUAL CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the Site. By submitting Visual Content to the Site, you are granting Temples Zone a worldwide, non-exclusive license to use the Visual Content and license Visual Content through its distributors, and are representing and warranting to Temples Zone that the Visual Content is either owned by you or you are authorized to represent or distribute the Visual Content, and that Temples Zone is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of Temples Zone’s agreement to allow you to use the Services, you acknowledge that:
- You acknowledge that:
- Any Visual Content uploaded to your account must be photographed by you;
- By posting Visual Content to the Site, you grant to Temples Zone a non-exclusive or exclusive, transferable, fully paid, worldwide license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the Site and will automatically terminate upon the removal of the Visual Content from the Site, subject to the terms of any license granted by an authorized Temples Zone distributor;
- The license granted to Temples Zone includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the required credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to Temples Zone, subject to any credit requirements governing the licensing of Visual Content pursuant to the Contributor Agreement (notwithstanding the foregoing, no inadvertent failure to provide appropriate attribution shall be considered a breach of these Terms);
- Temples Zone and its distributors have the right to modify, alter and amend photo titles, descriptions, tags, metadata and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;
- Temples Zone uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Visual Content posted on the Site. Notwithstanding this, Temples Zone makes no representation and warranty that Visual Content posted on the Site will not be unlawfully copied without your consent. Temples Zone does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site and you hereby expressly authorize Temples Zone to permit users and visitors to the Site to make such low resolution copies of the Visual Content; and
- Subject to the foregoing terms, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by you, unless reflected otherwise in a separate agreement with Temples Zone.
- You represent and warrant that:
- You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the Site;
- You have the full and complete authority and right to enter into this agreement and to grant to Temples Zone the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Temples Zone of the Visual Content as contemplated herein;
- You are not violating or breaching any agreement with any other party by submitting Visual Content to Temples Zone;
- and The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You do not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Temples Zone, all of which such rights are hereby expressly and irrevocably waived by you in favor of Temples Zone.
SIMPLIFIED,Your photos will preserve whatever copyright they had before uploading to this site. We will protect the copyright and we will not sell your photos without your permission.
PAID ACCOUNT SERVICES
Temples Zone provides paid services to holders of its Paid Accounts. To register for a Paid Account, you must be at least 18 years of age and have a valid Temples Zone account. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Paid Account holders:
- Services available to Paid Account holders are described on the account Upgrade page. Paid Accounts are available on an annual and monthly membership basis.
- Temples Zone may modify, suspend or discontinue Services provided to Paid Account holders at any time at its sole discretion and without prior notice.
- Temples Zone provides new annual Paid Account holders with a thirty (30) day trial period and will provide a full refund if you choose to terminate your Paid Account within this period by providing a notice in writing to Temples Zone of your Account termination that will be effective upon receipt (the “Termination Date”). If you choose to terminate your Paid Account after the 30-day trial period, you are not entitled to any refund for any fees paid for your Paid Account.
- We do not provide refunds on monthly subscription payments. Once you cancel your monthly payment, you’ll maintain access to your upgraded features until 30 days from payment has passed.
- Any refund owing to you will be paid within 30 days of the Termination Date provided your written notice of termination includes your username and full name as it appears on your account or on your credit card.
We offer a free 14 day no-obligation trial to try all the features of Paid accounts. Refunds apply only to services described on the Upgrade page.
FAIR STORAGE POLICY
Temples Zone maintains a fair storage policy to ensure stable and fast service to all users. The storage limits set forth in the Terms may be changed from time to time without notice and you are responsible for complying with such changes.
Free accounts are limited to a maximum of 10 new photographs/images per week and 2,000 photographs/images in total (approximately 4Gb of storage). Any additional storage may result in restrictions on your account including limited access to your Visual Content or a requirement to upgrade if the limit is exceeded for several months.
Paid Accounts are limited to maximum of 1,000 new photographs/images per week and 100,000 photographs/ images in total (approximately 200GB of storage). Paid Accounts that exceed a limit for several months will be notified of their excessive usage and restrictions or other penalties may be imposed if usage is not corrected.
SIMPLIFIED,If you use more than your fair share, we may gradually limit your account.
Temples Zone respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. Temples Zone will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Temples Zone of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable Temples Zone to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Temples Zone with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable Temples Zone to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.
Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement
Temples Zone reserves the right to remove any Content that allegedly infringes another person’s copyright. In appropriate circumstances, Temples Zone will terminate the accounts of users who infringe copyright. Notices to Temples Zone regarding any alleged copyright infringement should be directed to Temples Zone via email at: firstname.lastname@example.org.
Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us (either directly or through your authorized representative) with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any);
- A description of the copyrighted work that you claim has been infringed;
- A description of where on the Website the material that you claim is infringing may be found, sufficient for Temples Zone to locate the material (e.g., the URL);
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Temples Zone, its agent, or the law and is not a fair use;
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide Temples Zone with a written counter-notification containing the following information:
- Your name, address, telephone number, and email address (if any);
- A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
- Your electronic or physical signature.
The Services may provide, or third parties may provide, links to other sites or resources. Because Temples Zone has no control over such sites and resources, you acknowledge and agree that Temples Zone is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Temples Zone shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
SIMPLIFIED,Some people may post links; we are not responsible for those links.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Temples Zone, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Temples Zone, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of ;
- (i) a breach of these Terms,
- (ii) Content posted on the Site,
- (iii) the use of the Services or Paid Accounts, by you or any person using your account or Temples Zone Username and password,
- (iv) the licensing or use of your Visual Content, or
- (v) any violation of any rights of a third party.
Temples Zone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
We are not liable if something goes really wrong. Always have a backup of your photos.
Temples Zone, templeszone.com and other Temples Zone graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Temples Zone. Temples Zone’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Temples Zone. The images and icons available in the Temples Zone icon pack may be used by partners and third party sites in connection with providing appropriate links to the Temples Zone Site so long as they are used in a manner that is consistent with Temples Zone’s requirements.
Please respect our trademarks and brands.
Temples Zone may terminate or suspend any and all Services and/or your Temples Zone account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Temples Zone account, you may simply discontinue using the Services (subject to termination provisions specific to Paid Accounts). All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Visual Content from your account and/or Paid Account prior to termination. Upon termination of your account, Temples Zone will automatically remove all Visual Content posted to your account.
SIMPLIFIED,We may stop providing services at any time. You can also stop using your account or close your account at any time.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TEMPLES ZONE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEMPLES ZONE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO ;
- (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
- (B) THIRD PARTY COMMUNICATIONS,
- (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS,
- (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES,
- (E) YOUR USE OF THE SITE OR THE SERVICES, OR
- (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER TEMPLES ZONE NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. TEMPLES ZONE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE.
YOU AND TEMPLES ZONE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TEMPLES ZONE AND ALL PARTIES TO ANY SUCH PROCEEDING.
The Terms shall be governed by and construed in accordance with the laws of the United States of America, as applicable without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.
Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association or of the International Center for Dispute Resolution to be held in one of the following jurisdictions (whichever is closest to you): [New York, San Francisco, California]. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.
Indemnification of Temples Zone
You, agree to defend, indemnify and hold Temples Zone, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. Temples Zone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein is held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.
If things go really wrong this is what will happen, along with some other general legal language.